Around the World in 80 Seconds: Parental Liability with Regard to the Use of the Internet by Minors

In recent years we have seen an explosion of online wrongdoing involving minors. In most legal systems within the EU the parents to these minors will not be liable for lack of technological literacy, not engaging in their internet presence, or not making themselves aware of their actions online. Unless there is conspiracy, fraud, or some direct criminal action involved, the adult does not bear part of the punishment. The author believes that this is wrong, both ethically as well as legally, and some  jurisdictions outside the EU seem to agree with this point of view.

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By their first birthday children, through the use of touch screens on tablets and mobile phones, will be exposed to online connectivity. By the time they are 8 years old they have watched a video, played a game, downloaded music, engaged in a virtual world or studied online. By the age of 10 they are participating in the social media. This is an interconnected age that has given birth to an interconnected generation. Not being part of this generation though, parents might find it hard to follow.

(…)
This paper aims at establishing the importance of parental liability in preventing civil and criminal wrongs committed by minors online. Parental liability goes beyond the general notion of parental responsibility which usually involves the duty owed to the child to be reared within socially accepted standards. It is a term that points to an obligation on the part of the parent to assume legal responsibility towards third parties for the acts of their protégé, especially when these carry repercussions.

Click here to read the complete paper

A Note on Cigarettes and Plain Packaging

For this post I will be omitting legalese and in simple words attempt to explain why the breach of Intellectual Property rights due to the imposition of plain tobacco/cigarettes packaging by the Irish government is a very poor argument.

i) The Irish Constitution guarantees the citizen the right to life.

ii) EU and national consumer protection legislation protect consumers from misleading advertising and danger to health.

iii) Poisoning is a serious criminal offence.

I was a smoker on and off for a good total of 20 years of my life. When I started smoking everyone did; we were made to believe smoking would not only make us hip and socially acceptable, but it would also take us on a great adventure in the mountains, in cowboy attire, preferably on a horse.

The Origins of the Irish Constitution

The wait for this book has been long and anxious. I will say contently that it has lived up to my expectations and it was well worth the wait.

Many look at this publication and wonder “hm, why would this be of interest to me?”.  It seems like a piece of work for a very targeted audience and yet every effort has been made for it to be available to the broader public. An academic might look down on this book and my neighbour will think I am crazy for suggesting it. So who is it for?

This is a book for everybody. As a law student it has helped me grasp Constitutional values more than any other book ever has. I understand now why referenda are so vital for this country, I understand the power of judicial review, I appreciate the fundamental rights expressed within. I feel as though I was put in a time machine and sent back to the 1930’s for coffee with DeValera, O’ Rahilly and Cosgrave. I understand the text because, now, I understand the people behind it.

As a parent I can explain to my children what our law is all about, I can show them the pictures and tell them a story about a man’s vision, I get to explain to them the principles of freedom, power and justice – and they are so very interested for they love DeValera’s little yellow notes. This book has helped me teach them a little history they wouldn’t be interested in otherwise (and maybe a little law).

As an individual this is one of my favourite books. Mr Justice Hogan’s fluent writing takes the reader through the pages effortlessly, but then for anyone accustomed to his writing this was highly expected. It reads like a novel more than an academic analysis or a documentary and is really enjoyable. It is a commendable effort with a lovely outcome; it contains an amazing volume of transcripts and information, certain to tickle any reader’s brain.

Half the people say Bunreacht na hÉireann is an organic document and the other half contend it is a law stuck in the past, in urgent need of reform. Should you read the “Origins of the Irish Constitution” you will be able to make up your own mind.

I suggest you do!

(The book is published and circulated by the Royal Irish Academy – you can buy it here).